Amazon Photos Facial Recognition Class Action 2026, Illinois Users Win Court Ruling. Could They Get Money?

Illinois residents who used Amazon Photos between October 18, 2016, and January 31, 2023, may be covered by a newly certified class action alleging that Amazon collected facial biometric data without the disclosures and written consent required by state law.

On November 10, 2026, U.S. District Judge John J. Tharp Jr. granted class certification in Hogan v. Amazon.com, Inc., No. 1:21-cv-03169 (N.D. Ill.), allowing qualifying Amazon Photos users to pursue their claims together.

The lawsuit alleges that Amazon’s photo-organizing technology scanned faces and created numerical representations of facial characteristics, known as face embeddings, without complying with the Illinois Biometric Information Privacy Act (BIPA). Amazon denies the allegations.

The judge certified a class of Amazon Photos account users but refused to certify a separate class of people whose faces appeared only in someone else’s uploaded photos.

The ruling does not mean Amazon has been found liable, and Illinois users cannot collect money today. No settlement, claim form, individual payout or payment deadline has been announced.

The next hearing is set for December 1, 2026, at 10:30 a.m. Eastern, when the court will address how class members will be notified.

Amazon Photos Facial Recognition Lawsuit: Quick Facts

Detail	Verified information
Case	Hogan et al. v. Amazon.com, Inc.
Case number	1:21-cv-03169
Court	U.S. District Court, Northern District of Illinois
Judge	John J. Tharp Jr.
Defendant	Amazon.com, Inc.
Plaintiffs	Angela Hogan and B.H., a minor
Law	Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/15(b)
Class period	October 18, 2016 – January 31, 2023
Major ruling	November 10, 2026
Certified class	Qualifying Illinois Amazon Photos account users
Non-user class	Certification denied
Possible statutory damages	$1,000 (negligent) or $5,000 (intentional or reckless) per qualifying violation
Settlement	None announced
Claim form	Not available
Next hearing	December 1, 2026, 10:30 a.m. Eastern
Current status	Certified class; liability unresolved

Source: November 10, 2026 Memorandum Opinion and Order, Document 286. [1]

What Did the Federal Judge Decide About Amazon Photos?

Judge Tharp ruled that the claims of qualifying Amazon Photos users share enough common legal and factual questions to proceed as a class action under Federal Rule of Civil Procedure 23.

The court identified three central questions:

1. Whether Amazon’s face embeddings are biometric identifiers or biometric information protected by BIPA.
2. Whether Amazon gave users legally adequate advance written notice explaining why the data was collected and how long it would be kept.
3. Whether enabling image recognition or accepting Amazon Photos’ terms amounted to the informed written consent Illinois law requires.

The judge concluded these questions could largely be answered with evidence common to all class members.

Class certification is a procedural decision, not a judgment that Amazon violated BIPA. Amazon can still contest whether its technology collected protected biometric data and whether its notices and consent process complied with the law.

Who Qualifies for the Certified Amazon Photos Class?

The November 10 order defines the class using four essential conditions. A person must have:

• Been an Illinois resident during the relevant period.
• Appeared in at least one photograph uploaded to their own Amazon Photos account while physically in Illinois.
• Had Amazon Photos’ image-recognition feature enabled when the photograph was uploaded.
• Had a facial embedding generated from their image by Amazon’s Face Processing Technology.

The qualifying period runs from October 18, 2016, through January 31, 2023. All conditions must be met.

Does every Illinois Amazon Photos user qualify?

No. Having Amazon Prime, owning a Fire tablet or storing photos in Amazon Photos does not by itself make someone a class member. The certified definition requires processing of the account user’s own face under the conditions above. An Illinois resident who only stored pictures of other people may fall outside the class.

The image-recognition setting also matters. According to the court, Amazon disabled the feature by default for Illinois residents, who had to turn it on themselves.

What if someone else uploaded your photo?

The plaintiffs asked the judge to certify a second class of Illinois residents whose faces appeared in other people’s Amazon Photos accounts. The judge denied that request because Amazon could not readily identify those individuals, and people pictured in someone else’s library may not even know their photos are stored there.

Appearing in another person’s Amazon Photos library does not make you part of the certified user class. The ruling did not decide whether such people might have individual claims of their own.

How Did Amazon Photos Allegedly Collect Facial Data?

Amazon Photos automatically groups pictures containing similar faces, for example collecting photos of the same family member into a People album. To do this, the software creates face embeddings, which are numerical representations of facial characteristics.

The plaintiffs allege these embeddings are biometric data protected by Illinois law and that Amazon should have given clearer disclosures and obtained valid written consent first. They also allege the data supports Amazon’s broader facial recognition capabilities. Amazon disputes that its practices violated BIPA.

The court noted that Amazon’s terms discussed image recognition but did not consistently use terms such as biometric identifier, face geometry or facial embedding. Whether those disclosures were legally sufficient remains unresolved.

Did Amazon share facial data with advertisers?

The ruling does not establish that Amazon sold users’ facial data to advertisers. The case concerns collection of allegedly protected biometric data and the adequacy of notice and consent. The court also distinguished Amazon Photos’ image processing from Amazon Rekognition, a separate service. The class is defined by Amazon’s Face Processing Technology generating a face embedding, not by use of other Amazon facial-recognition products.

The Law Behind the Case: Illinois BIPA Explained

BIPA, 740 ILCS 14/1 et seq., is one of the strictest biometric privacy laws in the United States and one of the few that lets private individuals sue.

• Section 10 (definitions). A “biometric identifier” includes a scan of hand or face geometry, a fingerprint, voiceprint, or retina or iris scan. Photographs are expressly excluded. That is why the dispute centers on whether Amazon’s face embeddings are a scan of face geometry and not on the photographs themselves.
• Section 15(a). A private entity holding biometric data must publish a written retention and destruction policy.
• Section 15(b). Before collecting biometric data, a company must (1) tell the person in writing that it is being collected, (2) state the specific purpose and length of time it will be kept, and (3) get a written release. This is the section at issue in Hogan.
• Section 20. Gives people “aggrieved” by a violation a private right of action: $1,000 or actual damages (negligent violation), $5,000 or actual damages (intentional or reckless violation), plus attorneys’ fees, costs and injunctive relief.

Key Illinois Supreme Court decisions

• Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186. A person does not need to show actual injury beyond the statutory violation to sue under BIPA.
• Tims v. Black Horse Carriers, Inc., 2023 IL 127801. BIPA claims are subject to a five-year statute of limitations.
• Cothron v. White Castle System, Inc., 2023 IL 128004. Held that a separate claim accrued with each scan. The Illinois legislature then amended BIPA in 2024, as explained below.

BIPA litigation has produced very large outcomes elsewhere, including the $650 million settlement in In re Facebook Biometric Information Privacy Litigation (N.D. Cal.). Those results do not predict what Amazon might owe.

How Many Illinois Amazon Photos Users Could Be Affected?

The court identified 339,847 Amazon Photos accounts associated with Illinois billing addresses that had image recognition enabled at some point during the class period.

That is not the verified number of class members. Some accounts may hold no qualifying images of the account holder, and some photos may have been uploaded outside Illinois. The judge observed that even if only 1% of the identified accounts qualified, the class would exceed 3,000 people. The final count remains undetermined.

Could Amazon Photos Users Receive $1,000 or $5,000?

Potentially, but only if the plaintiffs prove liability and the legal requirements for damages are met. Under 740 ILCS 14/20:

Type of violation	Statutory remedy
Negligent violation	$1,000 or actual damages, whichever is greater
Intentional or reckless violation	$5,000 or actual damages, whichever is greater
Additional relief	Attorneys’ fees, costs and injunctive relief

These are statutory amounts, not guaranteed settlement checks. A court must find a violation and decide what relief is appropriate.

Does every photo scan create another $5,000 claim?

No. In 2024, Illinois amended BIPA (effective August 2, 2024) so that repeated collection of the same person’s biometric data by the same method counts as a single violation, with one recovery per person. The November 10 ruling explains that the amendment applies to this pending case. Readers should not multiply $5,000 by the number of photos in their accounts, and no settlement formula has been approved.

Other Illinois biometric cases have ended in settlements, including Neutrogena Skin360 BIPA Settlement and JustPlay $4.5 Million BIPA Class Action Settlement. Those involve different defendants, classes and payment terms and do not show what Amazon might owe.

Why Did Amazon Disable Image Recognition in Illinois?

The court’s order states that Amazon disabled image recognition for Illinois residents on January 31, 2023, because of the litigation. That date is also the end of the class period. The shutdown does not prove wrongdoing or create a right to compensation, but it explains why some users no longer see the older face-grouping feature.

Your Rights as a Class Member Under Federal Class Action Rules

The certified class is a Rule 23(b)(3) class, which affects what qualifying people can expect:

• Court-approved notice (Rule 23(c)(2)(B)). Class members must receive the best notice practicable, in plain language, describing the case, who is included and the right to be excluded. Notice must come from the court-approved process, not from lawyer ads or unofficial websites.
• Right to opt out. Members can ask to be excluded and keep any individual claims. Members who stay in are bound by the result. No opt-out deadline has been set.
• Settlement approval (Rule 23(e)). Any class settlement must be approved by the judge as fair, reasonable and adequate, and members get notice and a chance to object.
• Possible appeal (Rule 23(f)). A party may ask the Seventh Circuit for permission to appeal a class certification order, generally within 14 days of the order. Whether Amazon will seek this review has not been reported in the sources used for this article. Permission is discretionary, and an appeal could delay the case.

What Should Illinois Amazon Photos Users Do Now?

There is no court-approved claim form. You can still prepare.

1. Review your Amazon Photos history. Check whether you used the service during the class period and whether it holds photos of your own face.
2. Consider the image-recognition setting. If you remember your photos being grouped into People albums, the feature may have been on. This helps but does not prove every requirement.
3. Preserve records. Keep proof of Illinois residency, Amazon Photos use and relevant uploads. Do not upload sensitive images to unofficial “registration” sites.
4. Watch for official class notice. The parties were directed to discuss a notice schedule before the December 1 hearing.
5. Understand your options before opting out. Consider speaking with a licensed attorney, especially if you may have individual claims.
6. Beware of scams. Real settlements are announced through court-approved notices and administrators. Be wary of anyone asking for payment or sensitive data to “join” this case.

What Happens Next in Hogan v. Amazon?

December 1, 2026, at 10:30 a.m. Eastern U.S. District Court, Northern District of Illinois, Courtroom 2303

The court has directed the parties to discuss how class members will be notified. Summary-judgment motions and expert-testimony disputes remain pending, and could determine whether the plaintiffs have enough evidence to establish a BIPA violation or whether Amazon is entitled to judgment. The judge indicated class notice should occur before those motions are resolved. A settlement is possible, but none has been announced.

Key dates

Date	Development
October 18, 2016	Class period begins
May 12, 2021	Original lawsuit filed in Cook County, Illinois
March 30, 2022	Federal court rules on Amazon’s motion to dismiss
January 31, 2023	Amazon disables image recognition for Illinois residents; class period ends
August 2, 2024	Illinois BIPA damages amendment takes effect
November 10, 2026	Judge certifies Amazon Photos user class
December 1, 2026	Status hearing on class notice
Settlement or claim deadline	Not announced
Compensation distribution	Not scheduled

How the Ruling Fits Other Illinois BIPA Lawsuits

BIPA has generated lawsuits over facial recognition, workplace fingerprint scanners and other biometric tools. For example, Asure BIPA Settlement involves workplace timeclock systems. The Amazon case differs because it concerns a consumer photo service and automated facial-image processing. Its outcome may help clarify how Illinois consent rules apply to features that analyze photos, but the certification ruling does not establish that every photo-organizing app violates BIPA. Other states, including Texas and Washington, also have biometric privacy statutes, though Illinois is the main one that allows private lawsuits.

Frequently Asked Questions

Is there an Amazon Photos settlement? No. The court has certified a class, but there is no settlement, claim form or payment schedule.

Can I file a claim today? No. Wait for court-approved class notice.

Am I in the class if I only appear in friends’ photos? No. The court declined to certify that group.

Do I need to live in Illinois? Yes. The class is limited to Illinois residents whose photos were uploaded while in Illinois.

Did Amazon admit wrongdoing? No. Amazon denies the allegations and the court has not found it liable.

How much could I receive? Nothing is guaranteed. BIPA allows $1,000 or $5,000 per qualifying violation if liability is proven, but no amount has been awarded.

Can Amazon appeal the ruling? It may ask the Seventh Circuit for permission under Rule 23(f). Permission is discretionary.

Should I hire a lawyer? You are not required to for a certified class, but a licensed attorney can advise on opting out or pursuing individual claims.

Bottom Line

The November 10 decision is an important procedural win for Illinois residents pursuing facial-recognition claims against Amazon. A federal judge certified a class of qualifying Amazon Photos users whose own faces were processed between October 18, 2016, and January 31, 2023, and declined to certify people pictured only in other users’ accounts.

There is no approved settlement, no claim form and no guaranteed $1,000 or $5,000 payment. Preserve your records and watch for court-approved notice after the December 1 hearing.

Primary Sources

[1] Hogan v. Amazon.com, Inc., No. 1:21-cv-03169, Doc. 286, November 10, 2026 Memorandum Opinion and Order https://cases.justia.com/federal/district-courts/illinois/ilndce/1%3A2021cv03169/404470/286/0.pdf

[2] Hogan v. Amazon.com, Inc., March 30, 2022 Memorandum Opinion and Order https://s3.amazonaws.com/hoth.bizango/assets/23617/Amazon_Case_Order_on_MTD.pdf

[3] Illinois General Assembly, 740 ILCS 14/15 https://www.ilga.gov/legislation/ilcs/fulltext?DocName=074000140K15

[4] Illinois General Assembly, 740 ILCS 14/20 https://www.ilga.gov/legislation/ilcs/fulltext?DocName=074000140K20

[5] Keller Rohrback, Amazon Photos Facial Recognition Litigation (plaintiffs’ counsel; not an official claims portal) https://www.kellerrohrback.com/currentcases/amazon-photos-facial-recognition-litigation

Research and authorship: Researched and written by Israr Ahmad, legal content researcher for AllAboutLawyer.com, using the November 10 federal opinion and Illinois statutes.

Verification note: Class certification is confirmed by Document 286. No final liability judgment, approved settlement, payment formula or claims deadline existed as of November 11, 2026. Court schedules can change; confirm on the docket.

Disclaimer: AllAboutLawyer.com is an independent U.S. legal-information website, not a law firm. This article provides general legal information, not legal advice. Class membership and compensation depend on the court’s orders and applicable law, and deadlines such as limitation periods vary. Consult a licensed attorney about your situation.